Crown Employees (Department of Industry) Local
Coordinator Allowance Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 134819 of 2021)
Before Commissioner Sloan
|
27 September 2021
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Local
Coordinator Allowance
3. Saving of
Rights
4. Anti-Discrimination
5. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
Appendix 1 - Responsibility of a Local Coordinator
PART A
1. Definitions
(i) "Assignment
to a role" will be determined by merit selection and by an expression of
interest. The period of assignment will
be a three (3) year term or as determined by the Department.
(ii) "Association"
means the Public Service Association and the Professional Officers’ Association
Amalgamated Union of New South Wales.
(iii) "Department"
means the NSW Department of Regional NSW or Department of Planning, Industry
and Environment.
(iv) "Facilities
Coordinator" means a Local Coordinator who undertakes the duties listed
under the heading of "Facilities Coordination" in Appendix 1.
(v) "Industrial
Relations Secretary" means the Secretary of the Department of Premier and
Cabinet, or as otherwise defined in s.49(1) of the Government Sector Employment Act 2013.
(vi) "Local
Coordinator duties" will be determined from time to time by the
Department. As a guide, Appendix 1 indicates
the current duties that are required to be performed by a Local Coordinator.
(vii) "Local
Coordinator" means a member of staff who is assigned to a role as such by
the Department and carries out the duties of Local Coordinator as determined
from time to time in a location.
(viii) "Location"
means an office, site or facility as determined by the Department.
(ix) "Personnel
Coordinator" means a Local Coordinator who undertakes the duties listed
under the heading of "Personnel Coordination" in Appendix 1.
(x) "Secretary"
means the Secretary, Department of Regional NSW or the Secretary, Department of
Planning, Industry and Environment, as specified in Schedule 1 of the Government Sector Employment Act 2013.
(xi) "Staff
Administered by Local Coordinator" will be the number of staff at the
location for which the Local Coordinator is assigned responsibility. For the
purpose of determining the applicable allowance payable for the ensuing year
this number will be reassessed on the first day of March each year.
(xii) "Staff"
means all ongoing full time, ongoing part time and temporary staff assigned to
a role by the Department, pursuant to the Government
Sector Employment Act 2013. Casuals,
contractors or those participating in work experience are not included for the
purpose of this award.
2. Local Coordinator
Allowance
This award is listed in Schedule A of the Crown Employees (Public Sector - Salaries
2021) Award and salaries payable to employees will be in accordance with
that award or any award replacing it. The rates set out at Table 1 of Part B,
of this award are subject to the rates as set by the Crown Employees (Public Sector - Salaries 2021) Award or any
award replacing it.
(i) Full
allowance rates will apply where the Department requires a member of staff to
undertake both the Facilities Coordination and the Personnel Coordination
roles.
(ii) Partial
allowance rates will apply where the Department requires a member of staff to
undertake either the Facilities Coordination or the Personnel Coordination
roles but not both.
(iii) Where the
Department determines that the responsibilities of Local Coordinator are
fundamental to a staff member’s assigned role no allowance will apply.
3. Saving of Rights
(i) At
the time of making of this Award, no member of staff covered by this Award will
suffer a reduction in their rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
(ii) Should there be
a variation to the Crown Employees
(Public Sector - Salaries 2021) Award, or an Award replacing it, staff
under this award will maintain the same salary relationship to the rest of the
Public Service.
4. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, transgender identity, marital or domestic status, disability,
responsibilities as a carer, homosexuality, HIV/AIDS
infected or age.
(2) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
5. Area, Incidence and
Duration
(i) The
members of staff regulated by this award will be entitled to the conditions of
employment as set out in this award and, except where specifically varied by
this award, existing conditions are provided for under the Government Sector Employment Act 2013, the Government Sector
Employment Regulation 2014 , the Government Sector Employment (General) Rules
2014, the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 and the Crown Employees (Public Sector - Salaries 2021) Award or any
awards replacing these awards.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Department of Industry) Local
Coordinator Allowance Award published 25 October 2019 (385 I.G. 509), as
varied.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 27 September 2021.
(iii) The Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Allowances
Effective from the beginning of the first full pay period to
commence on or after 1.07.2021
|
Annual Rates
|
|
FFPP on or after 1
July 2021
|
|
(2.04 %)
|
|
$
|
Staff Administered by Local Coordinator
|
Full Allowance
|
Partial Allowance
|
Up to three staff
|
2,609
|
1,303
|
Up to six staff
|
3,909
|
1,954
|
Up to ten staff
|
5,214
|
2,609
|
More than ten staff
|
7,823
|
3,911
|
APPENDIX 1
The roles of a Local Coordinator are defined as:
1. Facilities
Coordination:
A Local Coordinator who is assigned to the role as
facilities coordinator will be responsible for:
1.1 Acting as the
local contact for all matters relating to facilities management and
administration
1.2 Ensuring that facilities
such as office accommodation, buildings, infrastructure, motor vehicles, assets
and storage facilities are maintained and managed in accordance with
Departmental policies and procedures.
1.3 Ensuring that
shared services are delivered and managed efficiently within the available
resources and in accordance with Departmental policies and procedures.
1.4 Approving
financial and administrative matters under delegation.
1.5 Ensuring the
facility is managed and operated in accordance with the requirements of the NSW
Workplace Health and Safety Act 2011.
1.6 Other facilities
coordination duties as reasonably determined by the Department from time to
time.
2. Personnel
Coordination:
A Local Coordinator who is assigned to the role as
personnel coordinator will be responsible for:
2.1 Coordinating the
compliance of staff with Departmental and NSW Government policies and
guidelines in relation to personnel matters such as attendance, conduct and
ethical behaviour.
2.2 Advising
relevant managers and line supervisors of breaches of policies and guidelines
in relation to personnel matters and assisting to address these breaches when
requested.
2.3 Coordinating
matters relating to the induction, entry onto duty and last day of duty of
staff.
2.4 Coordinating
work priorities and supervision of support staff servicing multiple programs.
2.5 Other personnel
coordination duties as reasonably determined by the Department from time to
time.
D. SLOAN, Commissioner
____________________
Printed by the authority
of the Industrial Registrar.